Termination merited for groping, sexual remarks

The grievor’s claim that his female coworkers had permitted (or encouraged) his sexual advances was not supported by the balance of the evidence. His assertion that his transgressions were the result of brain damage was plausible, but his symptoms were inconsistent with that type of injury.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 11/25/2011

A part-time maintenance worker was fired for making lewd sexual comments and grabbing two female coworkers. The union grieved.

The union acknowledged the worker had committed some of the acts as alleged.

However, the union argued sexual banter was a feature of the culture at the workplace and the worker’s inappropriate and impulsive behaviour was due to a brain injury he sustained in a motor vehicle accident in 2002.